How to Appeal or Overturn a Conviction in Florida

There are many reasons why people who are haunted by an old conviction later want
to have the conviction overturned. However, it is a difficult task to accomplish in any
state, including Florida.

Courts want convictions to stand, and so the judicial system
will rarely overturn a conviction. Individuals seeking to overturn a conviction also
must be aware that if successful, the person will be put back in the place he or she
was prior to the conviction, and may face a new trial.

Habeas Corpus Relief

Although habeas corpus relief is possible for people who are still serving their
sentence under rule 3.800, it is not available to people who have already completed
the sentence they received for a particular conviction. Instead, the procedure for
people who have completed the sentence is governed by Florida Rule of Criminal
Procedure 3.850.

The statute underlines a strict two-year statute of limitation, but there are
exceptions to it. Under that statute, there are several grounds under which an
individual can seek to have a conviction vacated, including:

Involuntariness of the
plea

Newly discovered evidence

Ineffective assistance of counsel

Each category is broad and contains nuances.

Involuntariness of Plea

In this scenario, a person files a motion to vacate based on either being forced into
taking a plea by an attorney or the court or failing to be properly advised of the
consequences of the plea.

A common example in Florida would include certain driving
offenses. Many people in custody appearing at their first video advisement without
counsel are given offers of time served, and accept the offer to get out of custody
without fully realizing the consequences, including the potential to become a habitual
traffic offender. If the individual was not properly advised by the court or an
attorney, he or she can file a motion to vacate the conviction and instead fight it.

Exceptions to the Two-Year Statute of Limitations

Normally, the two-year statute of limitations is strictly construed, but there are
certain notable exceptions. One issue some individuals face is deportation
consequences, even if they are lawful permanent residents, as under immigration
law, certain offenses can trigger deportation consequences even for individuals who
already hold a green card. The two-year statute begins to run for individuals in this
category when they learn of the potential consequence, instead of running from the
date of conviction. Peart v. State, 756 So. 2d 42 (Fla. 2000). In
Peart, the Florida Supreme Court held that a failure to give proper
advisement concerning potential deportation consequences will entitle an affected
defendant to vacate the plea and go to trail if:

The defendant did not know of the
potential for deportation as a result of the plea;

Deportation is now a threat for the
defendant;

The defendant would not have entered the guilty plea if he or she
had been aware of the potential consequences

Newly Discovered Evidence

A second broad category covered under Rule 3.850 is based on newly discovered
evidence. Not all newly discovered evidence will result in a conviction being
overturned, however. Under Florida law, new evidence must be evidence that could
not have been discovered prior to trial by using due diligence, the evidence must not
have been known by the individual prior to trial, and the evidence must be of such a
nature that it would probably result in a different outcome other than conviction.
Examples include recantations by witnesses, exculpatory evidence hidden by the prosecution but later discovered, or discovery of new witnesses. The statute of
limitations begins to run from the time the newly discovered evidence comes to light.

Ineffective Assistance of Counsel

It is not enough to simply make a bare allegation that your attorney did not do a
good job. To be successful at getting a conviction overturned based on ineffective
assistance, the burden of proof is on the defendant raising the claim to show that but
for the attorney's failure, he or she would have likely received a different outcome.
The statute of limitations is strictly construed in most instances under this category,
meaning a person must file a Rule 3.850 motion within two years of the conviction
entering.

Exceptions to the Statute of Limitations

The two year statute of limitations does have certain exceptions, including
convictions resulting in deportation consequences as noted above. Other exceptions
occur when a person has hired an attorney within the two-year period to file a
motion to vacate, and the attorney fails to do so within the prescribed period, or
when the defendant had no access to the Florida Judicial system due to being
incarcerated in another state during the two-year time period.

Likelihood of Success

As mentioned previously, it is very difficult to successfully overturn a conviction.
However, if you are either within the two-year statute of limitations or meet one of
the exceptions, it can be worthwhile. Because the law is complex and this type of
motion is difficult to win, it is advisable to proceed with the assistance of an
attorney.

Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any result portrayed on this website was dependent on the facts of that case, and the results may differ if based on different facts. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.